Petitioners are accused nos.1 to 4 in Crime No.284 of 2014 of the Santhanpara Police station for the offences punishable under Secs.452, 326, 325, 324 and 307 read with Sec.34 of the Indian Penal Code, are in custody from 10.05.2014 and seek bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 24.04.2014 at about 7.30 p.m., the petitioners trespassed into the house of the defacto complainant and attacked him with deadly weapons causing hurt/grievous hurt. It is also submitted that the case is being investigated by the Circle Inspector, Devikulam.
3. Learned counsel submitted that B.A. No.3647 of 2014 filed by the petitioners was dismissed by this Court on 29.05.2014 allowing the petitioner to move again after the investigation has progressed.
4. On hearing both sides it is revealed that the material objects are recovered. Petitioners are not reported to be involved in any other case from the Santhampara Police station. Previous enmity is stated to be the motive for the alleged incident. In the circumstances I am inclined to grant bail to the petitioners but subject to conditions, to prevent recurrence of such incidents in future.
Application is allowed as under.
Petitioners are granted bail in Crime No.284 of 2014 of the Santhanpara Police station and shall be released on bail ( if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners.
(b) Petitioners shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm until filing of the final report or for two months whichever is earlier.
(c) Petitioners shall report to the investigating officer as and when required for interrogation.
(d) Petitioners, except if necessary for compliance of condition nos.(b) and (c), or to attend any Court (or any lawful authority as per order in writing) shall not, until otherwise ordered and except with the permission of the learned magistrate until committal of the case if any and thereafter of the learned Principal Sessions Judge concerned enter local limits of the Santhanpara Police station.
(e) Petitioners shall not get involved in any other offence during the period of this bail.
(f) Petitioners shall not intimidate or influence the witnesses.
(g) In case any of condition nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate /Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge